Work Health and Safety Amendment (Miscellaneous) Regulation 2017 (NSW)

New South Wales

Work Health and Safety Amendment

(Miscellaneous) Regulation 2017

under the

Work Health and Safety Act 2011

His Excellency the Governor, with the advice of the Executive Council, has made the following

Regulation under the Work Health and Safety Act 2011.

MATTHEW KEAN, MP

Minister for Innovation and Better Regulation

Explanatory note

The object of this Regulation is to amend the Work Health and Safety Regulation 2017:

(a) to update the definition of the ADG Code (the Australian Code for the Transport of Dangerous

Goods by Road and Rail) to the latest version of that Code and to provide that it applies as in force

from time to time, and

(b)

to provide that the disclosure or use of information or documents for the administration or enforcement of the Rail Safety National Law (NSW) is excluded from the application of section 271 of the Work Health and Safety Act 2011, which would otherwise prevent a person who obtains information or gains access to a document in exercising any power or function under certain provisions of that Act from disclosing, giving access to or using the information or document, and

(c)

to provide that Subdivision 2 of Division 3 of Part 5.2 of the Occupational Health and Safety

Regulation 2001 continues to apply until 1 January 2020 (as if that Regulation had not been repealed)

to and in respect of the registration of certain items of plant, other than certain mining specific plant
and amusement devices that are passenger ropeways or water slides, and

(d) to amend a reference to an Australian Standard in the context of outer warning placard requirements. This Regulation is made under the Work Health and Safety Act 2011, including section 271 (3) (c) (ii), section 276, Schedule 3 (the general regulation-making powers) and clause 1 of Schedule 4.

Work Health and Safety Amendment (Miscellaneous) Regulation

2017

under the

Work Health and Safety Act 2011

1      Name of Regulation

This Regulation is the Work Health and Safety Amendment (Miscellaneous)
Regulation 2017.

2      Commencement

This Regulation commences on 1 January 2018 and is required to be published on the
NSW legislation website.

Schedule 1 Amendment of Work Health and Safety
Regulation 2017

[1]      Clause 5 Definitions

Omit the definition of ADG Code from clause 5 (1) (including the note). Insert instead:

ADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail, approved by the Transport and Infrastructure Council, as in

force or remade from time to time. If that document is amended or remade, a reference in this Regulation to a provision of that document extends to the corresponding provision (if any) of the amended or remade document.

Note. The ADG Code is accessible at

[2]      Clause 702 Confidentiality of information—exception relating to administration or enforcement of other laws

Insert after clause 702 (u):

(ua) Rail Safety National Law (NSW),

[3]      Clause 702A Savings

Insert at the end of the clause before the note:

(2)	Division 2 of Part 5.3 does not apply until 1 January 2020 and Subdivision 2 of Division 3 of Part 5.2 of the Occupational Health and Safety Regulation
2001 (as in force immediately before its repeal) continues to apply to any item
of plant until 1 January 2020 as if that Regulation had not been repealed.
(3)	However, subclause (2) does not extend to the following:
(a) an item of plant specified in Part 2 of the Table to clause 113 of the

Occupational Health and Safety Regulation 2001,

(b)

amusement devices that are:

(i)	passenger ropeways, or
(ii)	water slides where water facilitates patrons to slide easily, predominantly under gravity, along a static structure.

[4]      Schedule 13 Placard requirements

Omit “2007S” from clause 3 (3). Insert instead “2700S”.